New York State Department of Health Announces Historic Medical Aid in Dying Law Takes Effect in New York State
New Law Expands End-of-Life Options for Terminally Ill New York Residents
Medical Aid in Dying Website Provides Professional Guidance and Public Information About the Law
ALBANY, N.Y. (August 5, 2026) - The New York State Department of Health announced the historic Medical Aid in Dying Law took effect today, August 5, following the establishment of guidance and proposed reporting requirements for health care facilities and physicians. The law expands end-of-life options for terminally ill New York residents and affirms their right to make a voluntary, informed decision to request medication for Medical Aid in Dying.
"Decisions about end-of-life care are deeply personal and best reached on an individual basis in consultation with a person's doctor, family and loved ones," State Health Commissioner Dr. James McDonald said. "The Department has worked diligently and thoughtfully to establish guidance and to propose regulations designed to provide dignity and comfort to those who choose to use Medical Aid in Dying, while providing the necessary protections to ensure the law is not misused or inappropriately applied."
The Department has launched a new Medical Aid in Dying website that provides public information and professional guidance about the law.
Governor Kathy Hochul signed the historic legislation into law on February 6, 2026, allowing terminally ill New Yorkers with less than six months to live to make a voluntary, informed decision to request medication for Medical Aid in Dying.
There are significant protections built into the law to ensure it is not misused or inappropriately applied. These protections include the following:
- An oral request by the patient for Medical Aid in Dying, recorded by video or audio.
- A signed, written request by the patient for Medical Aid in Dying, with two witnesses.
- A determination by an attending physician and a consulting physician that the patient has a terminal illness or condition and has decision-making capacity.
- A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist to determine decision-making capacity.
- A mandatory waiting period of 5 days between when a prescription is written and when it can be filled.
- A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness or an interpreter for the patient.
- A requirement that the attending physician fully inform the patient of feasible alternatives and appropriate treatment options, including palliative care and hospice care.
- A requirement that the patient must self-administer the medication.
Participation in Medical Aid in Dying is voluntary. No physician, pharmacist, other health care provider or other person shall be subject to liability or penalty or professional disciplinary action by any government entity for taking any reasonable, good-faith action or refusing to act under the Medical Aid in Dying law.
The Medical Aid in Dying website includes public information, including comprehensive guidance and resources, and can be found here.
